IBA guidelines on party representation in international arbitration: agree or not to agree.Vladimir Khvalei, Moscow: Arbitration.ru journal №8 September-October 2020.
This article is available in English and Russian. The ICC Court likewise recommends arbitrators and parties to refer to the IBA Guidelines in the Terms of Reference, thus effectively making them a part of the arbitration agreement between the parties.
Below the author will analyze to what extent it does have a sense for the parties to agree to use the IBA Guidelines in specific arbitration matters, including by means of incorporating the document into the Terms of Reference as the binding one.
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